Judges should have discretion in sentencing offenders, considering various factors such as the severity of the offense and the defendant's rehabilitation potential. The fairness of the punishment for a specific offense depends on the circumstances and balancing the interests of the defendant and society. Punishment aims to deter, protect, and rehabilitate, and any changes should be evidence-based. The success of punishment depends on its goals, recidivism rates, and societal outcomes.
In my view, judges should have some discretion when sentencing offenders, as each case is unique and requires individualized consideration. While guidelines can provide a framework, judges should be able to use their own judgment and consider various factors when determining appropriate sentences. When exercising their discretion, judges should base their decisions on factors such as the severity of the offense, the defendant's criminal history, the impact of the crime on the victim and society, the defendant's level of remorse and rehabilitation potential, and any mitigating circumstances.
Regarding the fairness of the punishment for a chosen offense, it depends on the specific offense and the circumstances surrounding it. It is essential to balance the interests of both the defendant and society, considering rehabilitation, deterrence, and protecting the public. The punishment for the chosen offense aims to accomplish several goals. It seeks to deter potential offenders by demonstrating the consequences of their actions, protect society by removing dangerous individuals from the community, and provide an opportunity for the defendant's rehabilitation and reintegration into society.
Whether the punishment/fine should be increased or decreased depends on the effectiveness of the current punishment in achieving its goals. If it is found that the current punishment is not adequately deterring the offense or rehabilitating the offender, adjustments may be necessary. However, any changes to the punishment should be based on empirical evidence and careful consideration of the potential consequences. The success or effectiveness of punishment varies depending on the context and the individual. While punishment can serve as a deterrent and provide accountability, it should also focus on rehabilitation to prevent recidivism. Evaluating the success of punishment requires considering the specific goals it aims to achieve, as well as an examination of recidivism rates and societal outcomes.